News Index
Government endorses self regulation for the pub industry
by Chris Ainsworth on Thursday, 24th November 2011
The Government has this morning published its response to the Business, Innovation and Skills Committee's (BISC) report, published in September, upon the effectiveness of self-regulation in the pub industry.
As predicted in our previous articles the Government has chosen not to adopt BISC's specific recommendations.
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The future of the tie: BISC - did they get it right?
by Peter Holden on Tuesday, 1st November 2011
The conclusions and recommendations of the Business Innovation and Skills Committee (BISC) into pub companies, published in September, do not make comfortable reading. Our commentary looks at some of the issues it leaves unanswered.
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Pub operators now know the worst
by Peter Holden on Friday, 23rd September 2011
Report on pub companies published by the Business Innovation and Skills Committee on 20 September was not the news operators were hoping for.
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BISC hearings loom: is your house in order?
by Peter Holden on Wednesday, 25th May 2011
The Business Innovation and Skills Committee considers progress during hearings in late June / early July. Whilst there are a large number of approved codes of practice now in place, the general lack of free of tie options is still likely to disappoint. Our commentary considers a number of issues whcih are likely to generate heated debate.
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RICS Guidance leaves unanswered questions on rent reviews
by Peter Holden on Monday, 4th April 2011
The more recent RICS Practice Standards guidance note has now given its view on the capital and rental valuation of public houses, bars, restaurants and night clubs in England and Wales. Our commentary raises a number of questions which seem to be unanswered.
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Partnership in the pub sector
by Peter Holden on Wednesday, 19th January 2011
One of the common themes in the debate over the future of the pub sector is the need for there to be a partnership between brewers / pubcos and tenants / lessees. Everyone thinks it is desirable but what exactly does it mean in practice? This article examines what ‘partnership' might mean.
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The tie; where did it all go wrong?
by Peter Holden on Thursday, 23rd September 2010
Adding to the long running attack on the tied pub model, Greg Mulholland MP claimed (at the Tenanted Pub Summit) that the history of the sector is a problem and that the Beer Orders had been a “tragedy”. In particular the loss of the brewery tied model was a disaster with locals having no say on the future of the pubs in their community.
In this article we reflect on what the Beer Orders were attempting to achieve and what the outcome really was.
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The tied pub debate: “You” are the problem
by Peter Holden on Friday, 10th September 2010
Is Greg Mulholland right?
Those who attended the Tenanted Pubco Summit in June were treated to some strong views put forward by Greg Mulholland, MP and equally robust responses from Ted Tuppen. The following commentary forms a preface to a series of articles around the tied pub model – in particular to examine the substance of the criticisms raised by Greg Mulholland and taking into account the legacy of the Beer Orders.
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Guidance by EU Commission on listing fees
by Peter Holden on Monday, 28th June 2010
Guidance notes to the new block exemption includes specific reference to Listing Fees - or 'upfront access payments' as they are now known. There are some points to consider for drinks companies who are involved in this practice.
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MP raises list of issues relating to tied pub model
by Peter Holden on Monday, 14th June 2010
The Tenanted Pub Company Summit on 8 June 2010 turned into a spectator event with the audience treated to some sharply contrasting opinions from Ted Tuppin of Enterprise Inns plc and Greg Mulholland, MP.
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Ramifications of the new Block Exemption
by Peter Holden on Wednesday, 12th May 2010
The provisions of the new EU Block Exemption and the Guidelines recently issued by the Commission contain a number of points which will be of interest to brewers and also to pub companies who rely on the leased tenanted model. The impact arising from this has much wider implications than merely whether the tie remains.
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A sigh of relief for Brewers and Pub Companies
by Peter Holden on Wednesday, 21st April 2010
The European Commission has agreed to renew, on similar terms, the block exemption for vertical agreements (this includes brewers and pub company ties) from 1 June 2010 to 31 May 2022.
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The BISC Report: A positive step for the trading tie
by Peter Holden on Friday, 12th March 2010
Following considerable deliberation and further a further evidence session, the Business, Innovation and Skills Committee has published a further, eagerly awaited report on the trading tie.
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Can a tenant or free trade customer sue his landlord or supplying brewer for breaching Article 101?
by Peter Holden on Tuesday, 9th February 2010
Revisiting points arising from the long running case of Crehan v Inntrepreneur raises points relevant today in relation to Article 101 and the trading tie.
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A vital piece in the trading tie argument: Council Regulation No. 1/2003
by Peter Holden on Thursday, 19th November 2009
Arguably Council Regulation No 1/2003 (despite its unprepossessing title) is one of the single most important pieces of the jigsaw in the current debate relating to the enforceability and format of the trading tie. This articles discusses why.
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